[WSBARP] easement issue

[Kinnon Williams]

Bryce,
I agree with your analysis, you also might want to look at some other theories as well including easement by acquiescence, prescription, etc. Have you contacted the title company because escrow must/should have verified authority to sign.

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Kinnon W. Williams
Shareholder
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Wednesday, April 29, 2020 9:41 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] easement issue

I have a situation were  my client has a easement of record for a well on adjoining property but burdened property owner disputes the validity of easement because when easement was given by previous owner the burdened property was owned by a corp and easement was signed personally by shareholders of corp in their individual capacity. If the SW deed for the burdened property states after the legal for the property conveyed certain language that says "subject to" and then goes on to describe the alleged defective easement in detail does that remove the alleged deficiency and impose the easement according to the recorded terms of said easement  and thereby bind the property in other words does that remove the alleged deficieny of the recorded easement. Thanks in advance for your input.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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